3666 RESOLUTION NO. 3,666
A RESOLUTION ACCEPTING THE BID OF NATIONAL
FENCE COMPANY IN THE SUM OF $1,184.91 FOR
THE CONSTRUCTION AND INSTALLATION OF FENCING
OF SOFT BALL FIELD AND BACKSTOP THEREON AT
THE GUM SPRINGS PARK; AUTHORIZING EXECUTION
OF A CONTRACT; AND FOR OTHER PURPOSES.
WHEREAS, invitation to bid was published and bids
received thereto for the construction and installation of a
fence for the soft ball field and backstop thereon at Gum
Springs Park in accordance with law; and
WHEREAS, the lowest responsible and responsive bid
received was that of National Fence Company in the amount of
$1,184.91, and
WHEREAS, it is the desire of the Board of Directors to
accept the bid of National Fence Company and to authorize
execution of a contract for the prosecution of the work in
accordance with plans and specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The bid of the National Fence Company in
the amount of $1,184.91 for the construction and installation
of a fence around the soft ball field and backstop thereon at
Gum Springs Park according to bid plans, specifications and bid
proposal is hereby accepted and the Mayor and the City Clerk
are hereby authorized and directed to execute for and on behalf
of the City of Little Rock a contract with National Fence Company
for the prosecution of the work in accordance with the bidding
specifications and plans on file in the Department of Parks
and Recreation of the City of Little Rock, Arkansas. The contract
herein provided for shall be in form and substance as follows:
C O N T R A C T
WITNESS this agreement made this day of
196_by and between the City of Little Rock, Arkansas, hereafter
called owner and
hereafter called CONTRACTOR, wherein the OWNER and CONTRACTOR,
for the considerations hereafter set forth , agree as follows :
ARTICLE I . SCOPE OF WORK
The CONTRACTOR shall furnish all of the materials and perform
all of the work shown on the drawings and designated in the
specifications entitled :
prepared by :
and shall do everything required by this Contract, the General
Conditions, Special Conditions, drawings, specifications and
other contract documents, if any .
ARTICLE 2 . TIME OF COMPLETION
The prosecution of the work by CONTRACTOR shall be commenced
within days from issuance of a work order and the work
shall be completed within consecutive days thereafter .
Liquidated damages shall be assessed against the CONTRACTOR
and deducted from final payment at the rate of $
per day for each day following the aforesaid date of completion
until the work shall have been completed. ( If no sum is shown
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in this paragraph, there shall be no liquidated damages
applicable to work) . The amount of liquidated damages is
acknowledged by both parties as reasonable and is not in the
nature of a penalty .
ARTICLE 3. CONTRACT SUM
OWNER shall pay to the CONTRACTOR for performance of the
Contract, subject to proper additions and deductions according
to the terms thereof, the following sum :
Where the quantities originally contemplated are so changed
that enforcement of the Contract sum upon either party shall
tend to create an inequity or hardship, there shall be an
equitable adjustment of the Contract sum to prevent any such
hardship. OWNER reserves the right to make changes in the
quantities required hereunder and any such changes shall
cause equitable adjustments of the Contract sum .
ARTICLE 4. INTERIM AND PROGRESS PAYMENTS
OWNER shall make progress payments to the CONTRACTOR, or his
assigns, as follows;
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ARTICLE 5 . ACCEPTANCE AND FINAL PAYMENT
Final payment shall be due CONTRACTOR days after completion
of the work and acceptance thereof by the City Manager, Inspec-
tion and final approval by the City Manager, or his authorized
agents, shall be made immediately upon notice of completion by
CONTRACTOR and final approval shall not be arbitrarily or
unreasonably withheld .
Before issuance of final payment the CONTRACTOR shall submit
evidence satisfactory to the City Manager that all laborers,
materialmen, subcontractors and other creditors have been paid
or otherwise satisfied.
In the event of substantial completion of the work, though full
completion be temporarily impossible due to no fault of the
CONTRACTOR, the OWNER shall make payment for the work actually
performed, completed and accepted, and the contract shall not
be terminated.
ARTICLE 6 . CONTRACT DOCUMENTS
The General Conditions of the Contract, Special Conditions,
Plans, Specifications, bid proposal and this Contract shall
constitute the Contract Documents and are a part of this Contract
as if attached hereto and set forth in the body hereof. The
following by name constitute the Contract Documents .
IN WITNESS WHEREOF the parties hereto have executed this Contract
on the day and year aforesaid .
CITY OF LITTLE ROCK, ARKANSAS ( OWNER)
BY
ATTEST : Mayor
City Clerk (CONTRACTOR)
BY
ATTEST : (President - Partner - Proprietor
Secretary
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SECTION 2. The City Manager and Director of Finance
are hereby authorized and directed to issue the necessary warrant
or warrants in payment of the contract price upon the completion
of the work therein provided for according to the terms and
provisions thereof.
SECTION 3. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: December 5, 1966
. ,04446
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ATTEST. , • `old :.�o- APPROVVED:
City Clerk Assistant Mayor